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| By: Dr. Aaron Lerner |
| Published: January 4, 2005 |
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Prime Minister Sharon threatens to disperse the Knesset and send the nation into new elections if Labor and Yahadut Hatorah do not join his coalition this week. Under the Basic Law such a move would not necessarily send the country into new elections.
A review of "Basic Law: The Government (2001)" (relevant sections below), finds that new elections would only be held if no other MK was able to form a group of 61 MKs to support a government. [That's Member of Knesset - Defense Minister Shaul Mofaz is not an MK and thus could not become prime minister in the absence of new elections.]
The Law is clear that any MK can form a new Government - not just the faction heads.
And considering that many MK's serving today are far from certain that they will be reelected they are highly motivated to do everything possible to retain their day job.
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Basic Law: The Government (2001) - Unofficial Translation
[Source: Ministry of Foreign Affairs Website]
http://www.mfa.gov.il/mfa/go.asp?MFAH00hd0
...
Authority to disperse the Knesset.
29. (a) Should the Prime Minister ascertain that a majority of the Knesset opposes the Government, and that the effective functioning of the Government is prevented as a result, he may, with the approval of the President of the State, disperse the Knesset by way of an order to be published in Reshumot. The order will enter into effect 21 days after its publication, unless a request is submitted under subsection (c), and the Government will be deemed to have resigned on the day of the order's publication.
(b) Within 21 days of the publication of the order, a majority of the Knesset Members may request that the President charge one of its members, who has so agreed in writing and who is not the Prime Minister, with the task of forming a government.
(c) Where a request as aforesaid has been submitted to the President, the President shall inform the Speaker of the Knesset. The President shall assign the task of forming a Government to the Knesset Member named in the request within two days.
(d) A Knesset Member to whom the task of forming a Government has been assigned under this section shall have a period of 28 days for its fulfilment. The President of the State may extend the period by additional periods not in the aggregate exceeding 14 days.
(e) Should no such request be submitted under subsection (b), or if the period defined in subsection (d) passed, and the Knesset Member did not inform the President that he formed a government or where he presented a Government and the Knesset rejected his request for confidence under section 13(d), it will be deemed to be a Knesset decision to disperse prior to the completion of its period of service, and elections to the Knesset will be held on the last Tuesday before the end of 90 days of the President's announcement, or of the rejection of the request for confidence in the government, as relevant.
(f) If the President gave notice under subsection (3) or if the Knesset member presented a Government and the Knesset rejected the request that it express confidence in it under section 13(d), then the Knesset is deemed to have decided to disperse before the end of its term of office, and elections to the Knesset will be held on the last Tuesday before the end of 90 days of the President's announcement, or of the rejection of the request for confidence in the government, as relevant.
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